This amendment is consequential on NC2.
Amendment 137, in schedule 5, page 179, line 37, at end insert—
‘(4) The power conferred by sub-paragraph (3) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted non-disclosure purposes.
(5) The Secretary of State may also by regulations make provision for circumstances in which (despite sub-paragraph (2)(b)) a copy of the report may be sent to the appropriate authority without the consent of the whistle-blower.
(6) The power conferred by sub-paragraph (5) may be exercised only to the extent that the Secretary of State considers necessary for any of the permitted disclosure purposes.
(7) Where the Commission would contravene section 21A by sending a copy of a report in its entirety to the whistle-blower or to the appropriate authority, the Commission may comply with its duty under sub-paragraph (2)(a) or (as the case may be) may exercise its power under sub-paragraph (2)(b) (or under regulations under sub-paragraph (5)) by sending instead a copy of the report after having removed or obscured the information which it is prohibited from disclosing by section 21A.
(8) In this paragraph—
(a) “the permitted non-disclosure purposes” has the same meaning as in section 29HA;
(b) “the permitted disclosure purposes” has the same meaning as in section 29I.’.—(Mike Penning.)
Paragraph 5 of the new Schedule 3A to the Police Reform Act 2002, inserted by Schedule 5, deals with reports following the conclusion of an investigation under section 29E. Currently, it requires the IPCC to send a copy of the report to the whistle-blower except in circumstances specified in regulations. The amendment provides that the regulation-making power is exercisable only for particular purposes (the same as those set out in amendment 131). It also gives the Secretary of State power to make regulations allowing the IPCC to send a copy of the report to the appropriate authority without the consent of the whistle-blower but, again, the regulation making power may only be exercised for particular purposes (the same as those set out in amendment 132). The amendment further allows the IPCC to send a redacted report where it would otherwise contravene section 21A (inserted by NC2).